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Complete revisal of all the acts of Assembly, of the province of North-Carolina, now in force and use: together with the titles of all such laws as are obsolete, expired, or repealed: with marginal notes and references, and an exact table to the whole

486 LAWS of North-Carolina.
A. D. 1770. "\7^ O f/, and each ofyou, do fnuear, that this Injlrument of Writing by you froduced, contains a true Va-
Vw^—v/—-«,> X luation of one or more (as the Cafe may be) Trad or Tracts, Part or Parcels of Land, filiate in the
Valuers Oaih. County of , on , or Goods (as the Cafe may he) and taken by Virtue of an Execution, at
the Infance of • -, and that you ha've proceeded in fuch Valuation, upon a careful Vieiv, and according
to Laiu, to the bejl ofyour Knoivledge and Information, -without Favour or Difike to cither Party.
SO HELP YOU GOD.
Nnt to be fold Which faid Inftrument of Writing, with the Certificate, fhall be by them delivered to the Sheriff,
t'.r lefs than two who Upon expofing iuch Lands, Goods, or Chattels to Sale, fhall not difpofe of them for a lefs Sum
""'
'" ' '"" than two Thirds of fuch Valuation, under the Penalty of One Thoufand Pounds ; to be recovered by
Aftion of Debt, in any Court within this Province having Cognizance thereof, by and for the Ufe of
the Party grieved.
Thirds
Value,
of the
PhintifF to take
Goods at two
Thirds Value.
Not to extend to
D bts to the
King, &c.
Lands fold by
former Sheriffs,
fucceeding She-tiffs
t" make
them a Title.
Sheriffs Fee for
fummoniug Free-holders,
and Hen,
for negl'.fling to
attend.
Ci^nt'nuance
the Aa.
of
III. AND he it further EnaBed, by the Authority aforefaid. That if any Lands, Goods, or Chat-tels,
be fet up for Sale as aforefaid, fhall not be difpofed ot^ the Plaintiff fhall take the faid Goods and
Chattels, and may take the Lands at two Thirds of the Value thereof; in which Cafe the Sheriff, or
other Officer, is hereby impowered and direfted to give fuch Plaintiff a Deed or Bill of Saie for the
fame, in the fame Manner as he might have done had the Lands, Goods, or Chattels, been fold at
Public Vendue. Provided, That Lands fhall not be taken on any Execution^ when there fhall be
Goods and Chattels fuflicient to fatisfy the fame.
IV. PROVIDED alivays. That nothing in this Aft contained fhall be deemed, or conflrued
to extend to any Execution of Executions, for any Debt or Debts payable to his Majefty, to this
Province, or to Merchants in Great Britain.
V. AND be itfurther Enailed, by the Authority aforefaid. That .where any Sheriff 01^ Coroner has
heretofore fold any Lands under a late Aft of Affembly, intituled. An Acl to direil Sheriffs in le-vying
Executions! and the Difpofal of Lands, Goods, aud Chattels, taken thereon, and hath negleited to make
a good and fufficient Title thereto, either to the Perfon purchafing at Vendue, or to any Plaintiff",
who under the faid Aft has been obliged to take fuch Lands at two Thirds of the Value, fuch Sheriff'
or Coroner, though he may be out of Office, fhall, and is hereby required, to feal and execute a
Deed of Bargain and Sale for fuch Lands, to fuch Plaintiff or Perfon who hath purchafed at Vendue
as aforefaid ; and in Cafe any Sheriff or Coroner, having fold any Lands as aforefaid, who is dead
or removed out of the Province, his Succeffor in Office is hereby impowered and required to make
fuch Conveyance as herein next before is direfted.
VI. AND be it further Enaaed, by the Authority aforefaid. That the Sheriff or other Officer fhall
be, and is hereby intitled to receive the Sum of Two Shillings and Eight Pence, for every Juflice and
Freeholder fo fummoned ; and every Jullice and Freeholder that fhall negleft or refufe to attend, un-lefs
pevented by Sicknefs, oV fome other fufficient Caufe, he or they fo neglefting or refufing fliall
forfeit and pay the Sum of Five Pounds ; to be recovered in the Infeior Court of the County, by Ac-tion
of Debt, and applied to the Ufe of the Parifh.
VII. AND he it further Enabled, by the Authority aforefaid. That this Act fhall continue and
be in Force for and during the Term of Two Years, and from thence to the End of the next Seflion of
Affembly, and no longer.
I'rcJroble.
CHAP. XXXIV.
An Act for the more advantageous and eafy Manner of obtaining Partitiom of Lands, in
Coparcenary^ Joint Tenancy, and Tenancy in Common.
I. "^T 7 HE RE AS the Proceedings by the Common Law upon Writs of Partition between Co-
VV parceners, Joint Tenants, and Tenants in Common, are tedious, chargeable, and often
ineffeftual ; and whereas the Lands belonging to Coparceners, Joint Tenants, and Tenants in Com-mon,
frequenly lie in different Counties and Diftrifts, and great Part of the Lands in this Province
are fo extremely poor and barren that they will not admit of a minute Partition, as in England, where
every fingle Acre is feparately of real Value, by Reafon of which divers Perfons having undivided Parts
or Purparts are greatly oppreffed and prejudiced; and the Premifes are frequently wafted or deftroyed, or
lie uncultivated and unmanured, fo that the Profits of the fame are totally, or in a- great Meafure loft
;
For Remedy whereof.
Manner of ob- H- BE it Enaded by the Governor, Council, and Affembly, and it is hereby EnaBed by the /Authority of
taining Partitions the fame. That from and after the paffing of this Aft the Demandant for the Partition of any Lands,
in Coparcenary, Tenements, or Hereditaments, fhall file his or her Declaration in the Office of the Superior Court where
the Suit fliall be brought; whereupon a Summons or Summonfes, together with a Copy or Copies of
fuch Declaration, fliall be ifTued by the Clerk of fuch Court, direfted to the Tenant or Tenants to
the Aftion, and returnable to the Court from whence the fame iffued, commanding him, her, or
them, to appear thereat ; and if upon the Service of fuch Summons or Summonfes, the Tenant or
Tenants to the Aftion fhall fail to appear or plead, the Court may proceed to examine the Demand-ants
Title and Quantity of his Part and Purpart, and accordingly as they fhall find his rioht Part and
Purpart to be, they fliall for (o much give Judgment by Default, and award Partition to bo made,
according

486 LAWS of North-Carolina.
A. D. 1770. "\7^ O f/, and each ofyou, do fnuear, that this Injlrument of Writing by you froduced, contains a true Va-
Vw^—v/—-«,> X luation of one or more (as the Cafe may be) Trad or Tracts, Part or Parcels of Land, filiate in the
Valuers Oaih. County of , on , or Goods (as the Cafe may he) and taken by Virtue of an Execution, at
the Infance of • -, and that you ha've proceeded in fuch Valuation, upon a careful Vieiv, and according
to Laiu, to the bejl ofyour Knoivledge and Information, -without Favour or Difike to cither Party.
SO HELP YOU GOD.
Nnt to be fold Which faid Inftrument of Writing, with the Certificate, fhall be by them delivered to the Sheriff,
t'.r lefs than two who Upon expofing iuch Lands, Goods, or Chattels to Sale, fhall not difpofe of them for a lefs Sum
""'
'" ' '"" than two Thirds of fuch Valuation, under the Penalty of One Thoufand Pounds ; to be recovered by
Aftion of Debt, in any Court within this Province having Cognizance thereof, by and for the Ufe of
the Party grieved.
Thirds
Value,
of the
PhintifF to take
Goods at two
Thirds Value.
Not to extend to
D bts to the
King, &c.
Lands fold by
former Sheriffs,
fucceeding She-tiffs
t" make
them a Title.
Sheriffs Fee for
fummoniug Free-holders,
and Hen,
for negl'.fling to
attend.
Ci^nt'nuance
the Aa.
of
III. AND he it further EnaBed, by the Authority aforefaid. That if any Lands, Goods, or Chat-tels,
be fet up for Sale as aforefaid, fhall not be difpofed ot^ the Plaintiff fhall take the faid Goods and
Chattels, and may take the Lands at two Thirds of the Value thereof; in which Cafe the Sheriff, or
other Officer, is hereby impowered and direfted to give fuch Plaintiff a Deed or Bill of Saie for the
fame, in the fame Manner as he might have done had the Lands, Goods, or Chattels, been fold at
Public Vendue. Provided, That Lands fhall not be taken on any Execution^ when there fhall be
Goods and Chattels fuflicient to fatisfy the fame.
IV. PROVIDED alivays. That nothing in this Aft contained fhall be deemed, or conflrued
to extend to any Execution of Executions, for any Debt or Debts payable to his Majefty, to this
Province, or to Merchants in Great Britain.
V. AND be itfurther Enailed, by the Authority aforefaid. That .where any Sheriff 01^ Coroner has
heretofore fold any Lands under a late Aft of Affembly, intituled. An Acl to direil Sheriffs in le-vying
Executions! and the Difpofal of Lands, Goods, aud Chattels, taken thereon, and hath negleited to make
a good and fufficient Title thereto, either to the Perfon purchafing at Vendue, or to any Plaintiff",
who under the faid Aft has been obliged to take fuch Lands at two Thirds of the Value, fuch Sheriff'
or Coroner, though he may be out of Office, fhall, and is hereby required, to feal and execute a
Deed of Bargain and Sale for fuch Lands, to fuch Plaintiff or Perfon who hath purchafed at Vendue
as aforefaid ; and in Cafe any Sheriff or Coroner, having fold any Lands as aforefaid, who is dead
or removed out of the Province, his Succeffor in Office is hereby impowered and required to make
fuch Conveyance as herein next before is direfted.
VI. AND be it further Enaaed, by the Authority aforefaid. That the Sheriff or other Officer fhall
be, and is hereby intitled to receive the Sum of Two Shillings and Eight Pence, for every Juflice and
Freeholder fo fummoned ; and every Jullice and Freeholder that fhall negleft or refufe to attend, un-lefs
pevented by Sicknefs, oV fome other fufficient Caufe, he or they fo neglefting or refufing fliall
forfeit and pay the Sum of Five Pounds ; to be recovered in the Infeior Court of the County, by Ac-tion
of Debt, and applied to the Ufe of the Parifh.
VII. AND he it further Enabled, by the Authority aforefaid. That this Act fhall continue and
be in Force for and during the Term of Two Years, and from thence to the End of the next Seflion of
Affembly, and no longer.
I'rcJroble.
CHAP. XXXIV.
An Act for the more advantageous and eafy Manner of obtaining Partitiom of Lands, in
Coparcenary^ Joint Tenancy, and Tenancy in Common.
I. "^T 7 HE RE AS the Proceedings by the Common Law upon Writs of Partition between Co-
VV parceners, Joint Tenants, and Tenants in Common, are tedious, chargeable, and often
ineffeftual ; and whereas the Lands belonging to Coparceners, Joint Tenants, and Tenants in Com-mon,
frequenly lie in different Counties and Diftrifts, and great Part of the Lands in this Province
are fo extremely poor and barren that they will not admit of a minute Partition, as in England, where
every fingle Acre is feparately of real Value, by Reafon of which divers Perfons having undivided Parts
or Purparts are greatly oppreffed and prejudiced; and the Premifes are frequently wafted or deftroyed, or
lie uncultivated and unmanured, fo that the Profits of the fame are totally, or in a- great Meafure loft
;
For Remedy whereof.
Manner of ob- H- BE it Enaded by the Governor, Council, and Affembly, and it is hereby EnaBed by the /Authority of
taining Partitions the fame. That from and after the paffing of this Aft the Demandant for the Partition of any Lands,
in Coparcenary, Tenements, or Hereditaments, fhall file his or her Declaration in the Office of the Superior Court where
the Suit fliall be brought; whereupon a Summons or Summonfes, together with a Copy or Copies of
fuch Declaration, fliall be ifTued by the Clerk of fuch Court, direfted to the Tenant or Tenants to
the Aftion, and returnable to the Court from whence the fame iffued, commanding him, her, or
them, to appear thereat ; and if upon the Service of fuch Summons or Summonfes, the Tenant or
Tenants to the Aftion fhall fail to appear or plead, the Court may proceed to examine the Demand-ants
Title and Quantity of his Part and Purpart, and accordingly as they fhall find his rioht Part and
Purpart to be, they fliall for (o much give Judgment by Default, and award Partition to bo made,
according